Paulding Adopts New Motorized Cart Ordinance

In a unanimous vote, the Paulding County Board of Commissioners recently adopted a new motorized cart ordinance. Here are the highlights and the ordinance is attached.

Definitions:

Operate on designated roads posted 25 MPH or authorized by development waiver review committee

Motorized cart - No less than three wheels, 1,300 lbs or less, cannot operate at more than 20 MPH

Driving Privileges:

16 yrs old with valid drivers license in possession

15 yrs old with instructional permit in possession and accompanied by adult with valid license, parent, guardian in front seat

No person under 16 or less otherwise can drive carts

Operating Regulations:

Must abide by traffic regs

If recreation paths exist, use them rather than roads

Carts shall not be driven on sidewalks unless approved in writing by Waiver Review Committee

Headlights, tail lights on after daylight hours

Can only cross undesignated roads at signaled intersections and marked cross walks

Cannot operate across/over state roads

Park carts in designated auto or cart parking areas – cannot park on sidewalks

Carts can ot be parked in county right of way, upon any sidewalk or other right of way

People driving shall not consume alcohol or possess open alcoholic beverage container while driving or sitting

All occupants must remain seated while operating

No person may sit on drivers lap while operating

Can’t operate with more passengers than capacity set by manufacturer of cart

Driver must maintain in the cart while driving – copy of registration, insurance documentation

Owner or other person operating can not operate except for these provisions

Owner duty to ensure no one under 17 operates cart in violation of ordinance

Registration Requirements:

Must register with in 10 business days of purchase

2 numerical decals issued when registered – non-transferrable

Record created with County – cart number, owner, address, insurance declaration maintained

Decals affixed  to sides of cart so fully visible

Failure to have and to affix properly is a violation

Registration $15 per year – may register for 1, 3 or 5 year periods

Registration valid for period or until cart sold – new owner must re-register

Owners must be 18 yrs old – one person’s name only

When registered, cart must meets euipment requirements of this article

Owner acknowledges/agrees cart to be operated in full compliance and operating requirements

Must have insurance policy in effect that ID’s cart and insures it for

$25K per person for bodily injury

$50K per accident for bodily injury

$25K for property damage

Copy of insurance to be given to County at registration and kept in cart

Equipment Requirements (affixed and in good working order):

Braking system including parking brake

Reverse warning device

Main power switch – off position power circuit inoperative

Head lamps

Reflex reflectors

Tail lamps

Horn

Rearview mirror

Safety warning labels

Hip restraints and hand holds

Limitation:

Ordinance does not apply to carts owned by golf courses, country clubs when such carts  are used only on golf courses.

Enforcement:

Ordinance enforced by sheriff and/or county marshal

Unlawful for any person or entity to fail to comply

Cart operated in violation of ordinance may be impounded and/or issue citation to owner or operator

Violations punished by

1st violation – fine not less than $100 and not more than $1000 – possible incarceration

2nd violation – fine not less than $300 and not more than $1000 – possible incarceration

3rd violation – fine not less than $500 and not more than $1000 – possible incarceration       

Community service may be required in addition to fine

Court costs paid by owner/violator